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The 190th General Court of the Commonwealth of Massachusetts

AN ACT ESTABLISHING THE DEPARTMENT OF INSPECTIONAL SERVICES AND PERMITTING IN THE TOWN OF LAKEVILLE.

     Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
     SECTION 1.  (a) There shall be a department of inspectional services and permitting in the town of Lakeville. The department shall:
     (i)  coordinate the inspection and permitting functions carried out by officers and employees under this act;
     (ii)  maintain the records relating to inspections and permitting in a central place;
     (iii)  coordinate enforcement actions for violations of the General Laws, the state building code, local general and zoning by-laws and the rules and regulations that are subject to enforcement by officers and employees of the town under this act;
     (iv)  render advice, assistance and guidance to town offices and agencies in matters relating to town inspection and permitting services;
     (v)  render advice, assistance and guidance to members of the public in matters relating to town inspection and permitting services and develop user-friendly systems for the convenience of the public; and
     (vi)  perform other functions expressly delegated by the board of selectmen, conservation commission or board of health that the director of inspectional services and permitting has agreed to assume.
     (b)  The inspection and permitting services performed by or under the authority of the building inspector, board of health, inspector of gas piping and gas appliances, plumbing inspector, electrical inspector, zoning enforcement officer, conservation commission or any other local inspection that may be authorized by vote of the board of selectmen shall be coordinated through the department of inspectional services and permitting.
     (c)  There shall be a director of inspectional services and permitting who shall be the executive and administrative head of the department. The director shall be appointed by the board of selectmen and may be removed at the board’s pleasure; provided, however, that the appointment shall be subject to the requirements for the appointment of an inspector of buildings or building commissioner under chapter 143 of the General Laws. The director shall possess the necessary qualifications, experience and certification required for an inspector of buildings or building commissioner pursuant to section 3 of said chapter 143.
     (d)  The director of inspectional services and permitting shall:
     (i)  establish a full and complete inventory of the inspection and permitting services performed by an officer of the town under this act;
     (ii)  establish common files by property address, reference to a map, block or lot reference or both that shall be accessible to a person performing inspection and permitting services for the town and contain recordings of the inspections performed by an officer or employee under this act;
     (iii)  provide common services for  personnel who perform inspection and permitting services and a centralized location for members of the public to obtain information concerning inspection and permitting services; provided, however, that the director of inspectional services and permitting shall be available to  members of the public in order to assist them under this act;
     (iv)  serve as facilities manager for town buildings unless a separate facilities manager is designated by the board of selectmen;
     (v)  supervise, direct and manage personnel appointed or hired to perform inspection or permitting services under this act; and
     (vi)  supervise, direct and manage personnel appointed or hired to perform other permitting functions of the town, upon the request of a board, committee or commission with permitting authority, subject to the approval of the board of selectmen and the agreement of the director.
     (e)  The director of inspectional services and permitting may also serve as the building commissioner or inspector, the zoning enforcement officer or both; provided, however, that if the director is designated by the board of selectmen as the building commissioner or inspector, the zoning enforcement officer or both, the person holding the positions shall be considered to hold a single town position.
     SECTION 2.  An officer, employee, committee, commission, board or department in the town of Lakeville who is performing inspection or permitting functions outside of the scope of this act shall continue to perform those functions, unless the committee, commission, board or department responsible for the functions votes to delegate the functions to the department of inspectional services and permitting and such delegation shall be approved by the board of selectmen in consultation with the director of inspectional services and permitting.
     SECTION 3.  All books, papers, documents, equipment, land and other property that is in the custody and control of an officer, employee, committee, commission, board or department affected by the consolidation under this act shall be transferred to the department of inspectional services and permitting, as necessary. A contract in force shall be continued in force until it expires or is otherwise cancelled. A judicial proceeding in which an officer, employee, committee, commission, board or department affected by the consolidation is a party shall not be affected by the consolidation.
     SECTION 4.  Notwithstanding any general or special law to the contrary, the board of selectmen of the town of Lakeville shall appoint, and may remove at its pleasure, any necessary gas, plumbing and electrical inspectors; provided, however, that such gas, plumbing and electrical inspectors shall possess the necessary qualifications, experience and certifications required under the General Laws.
     SECTION 5.  Notwithstanding any general or special law to the contrary, the board of selectmen of the town of Lakeville shall be the appointing authority for the personnel necessary to implement, execute and enforce the health laws and the regulations of the board of health including, but not limited to, the state sanitary code and section 40 of chapter 131 of the General Laws, local wetlands protection by-laws and the regulations of the department of environmental protection and the conservation commission. The board may fix the salaries or other compensation of such personnel, subject to an applicable collective bargaining agreement. Nothing in this section shall affect the obligations, rights and responsibilities imposed pursuant to chapter 150E of the General Laws insofar as applicable.
     SECTION 6.  This act shall take effect upon its passage.

Approved, October 5, 2017